Discovery Gas Transmission LLC

Original Volume No. 1

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Effective Date: 11/10/1997, Docket: CP96-712-002, Status: Effective

Original Sheet No. 192 Original Sheet No. 192 : Effective

 

 

compressors, valves, gauges or any of the equipment

therein or thereon, when any such failure of

facilities, directly or indirectly, contributes to

or results in either party's inability to perform

its obligations, and regardless of whether such

failure of facilities may have resulted from fault,

negligence, omission, or inadvertence, directly or

indirectly, of either party hereto, or by any person

acting on its behalf or under its direction.

 

f. Inability to obtain or acquire at reasonable cost

grants, servitudes, rights of way, permits,

licenses, or any other authorizations from third

parties or agencies (private or governmental) or

inability to obtain or acquire at reasonable cost

necessary materials and supplies to construct,

maintain and operate any facilities required for the

performance of any obligations under any Effective

Agreement when any such inability, directly or

indirectly, contributes to or results in either

party's inability to perform its obligations.

 

g. Any occurrence, condition, situation, or threat

thereof, not covered by Subsections 21.5.a. through

21.5.f., which renders either party unable to

perform its obligation, provided such occurrence,

condition, situation, or threat thereof, is not

under or within the control of the party claiming

such inability, and provided such party could not

have prevented such occurrence, condition,

situation, or threat thereof, by the exercise of

reasonable diligence.